Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
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(5)
Where this subsection applies, the constable or vehicle examiner may
give the person a notice stating that if—
(a)
he delivers the notice and (if he is the holder of a licence) his
licence in accordance with subsection (5A) below, and
(b)
the requirements of subsection (5B) below are met,
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he will then be given a fixed penalty notice in respect of the offence.
(5A)
Delivery must—
(a)
if the notice is given by a constable, be made in person, within
seven days after the notice is given, to a constable or authorised
person at the police station specified in the notice (being a police
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station chosen by the person concerned), or
(b)
if the notice is given by a vehicle examiner, be made (either by
post or in person), within fourteen days after the notice is given,
to the Secretary of State at the place specified in the notice.
(5B)
If a person to whom a notice has been given under subsection (5) above
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delivers the notice and (if he is the holder of a licence) his licence in
accordance with subsection (5A) above, and the following
requirements are met, that is—
(a)
the person to whom the notice is delivered is satisfied, on
accessing information held on his driving record, that he would
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not be liable to be disqualified under section 35 of this Act if he
were convicted of the offence, and
(b)
if he is the holder of a licence, it is delivered to be retained and
dealt with in accordance with this Part of this Act,

the person to whom the notice is delivered must give him a fixed
25
penalty notice in respect of the offence to which the notice under
subsection (5) above relates.”
(5)
In subsection (6), for “(4) or (5C)” substitute “(5)”.
(6)
In subsection (7), omit “and a counterpart of a licence”.
(7)
Omit section 57 (endorsement of counterparts without hearings).
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(8)
Section 57A (endorsement of driving records without hearings) is amended as
follows.
(9)
In subsection (1), omit “who is not the holder of a licence”.
(10)
In subsection (3), at the end insert “and return to that person any licence
surrendered by him under section 54 of this Act.”
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(11)
In subsection (4), after “record” insert “and return to that person any licence
surrendered by him under section 54 of this Act”.
(12)
Schedule 3 contains further amendments about the endorsement of driving
records in the case of all drivers.

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Deposits
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Financial penalty deposits
(1)
In the Road Traffic Offenders Act 1988 (c. 53), after Part 3 insert—
“Part 3A
Financial Penalty Deposits
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90A
Power to impose financial penalty deposit requirement
(1)
A constable or vehicle examiner may impose a financial penalty deposit
requirement on a person on any occasion if the conditions in this section are
satisfied.
(2)
The constable or vehicle examiner must have reason to believe—
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(a)
that the person is committing or has on that occasion committed
an offence relating to a motor vehicle, and
(b)
that the person, the offence and the circumstances in which the
offence is committed are of a description specified in an order
made by the Secretary of State.
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(3)
The person must be—
(a)
given written notification that it appears likely that proceedings
will be brought against him in respect of the offence, or
(b)
(if the offence is a fixed penalty offence) either given such
notification or given a fixed penalty notice (or, in Scotland,
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handed a conditional offer) in respect of the offence.
(4)
The person must fail to provide a satisfactory address; and for this
purpose “a satisfactory address” is an address in the United Kingdom
at which the constable or vehicle examiner considers it likely that it
would be possible to find the person whenever necessary to do so in
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connection with the proceedings, fixed penalty notice or conditional
offer.
(5)
The person who is to impose the financial penalty deposit
requirement—
(a)
if a constable, must be in uniform, and
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(b)
if a vehicle examiner, must produce his authority.
90B
Financial penalty deposit requirement
(1)
For the purposes of this Part of this Act a financial penalty deposit requirement
is a requirement to make a payment of the appropriate amount to the Secretary
of State—
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(a)
in a manner specified in an order made by him, and
(b)
either immediately or within the relevant period.
(2)
In this Part of this Act “the appropriate amount”, in relation to an
offence and a person, is an amount specified in relation to the offence
in an order made by the Secretary of State; and different amounts may
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be so specified—

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(a)
by reference to whether the person is given notification that it
appears likely that proceedings will be brought against him or
given a fixed penalty notice (or handed a conditional offer), and
(b)
otherwise by reference to the circumstances of the offence.
(3)
In this Part of this Act “the relevant period” means—
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(a)
if the person was given a fixed penalty notice and proceedings
are not brought in respect of the offence by virtue of this Act
before the end of the suspended enforcement period, the
suspended enforcement period,
(b)
if he was handed a conditional offer and proceedings are not
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brought in respect of the offence by virtue of this Act before the
end of the period of 28 days following the date on which the
conditional offer was given or any longer period specified in the
conditional offer, that period, and
(c)
otherwise, the period ending with the person being charged
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with the offence.
90C
Making of payment in compliance with requirement
(1)
This section applies where a person on whom a financial penalty
deposit requirement is imposed in respect of an offence makes a
payment of the appropriate amount in accordance with section 90B(1)
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of this Act (and any order made under it).
(2)
On payment by the person of the appropriate amount the person by
whom the payment is received must issue him with a written receipt
for the payment specifying the effect of the following provisions of this
section.
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(3)
If the person was handed a conditional offer—
(a)
the person is entitled to give notice requesting a hearing in
respect of the offence, and
(b)
the written receipt must specify the manner in which such
notice is to be given.
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(4)
In a case where—
(a)
a fixed penalty notice relating to the offence has been given to
the person or a conditional offer so relating has been handed to
him,
(b)
the person does not give notice requesting a hearing in respect
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of the offence before the end of the relevant period in the
appropriate manner, and
(c)
proceedings are not brought in respect of the offence by virtue
of this Act,

subsection (6) below applies.
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(5)
In subsection (4)(b) above “the appropriate manner” means—
(a)
if the person was given a fixed penalty notice, the manner
specified in the fixed penalty notice, and
(b)
if he was handed a conditional offer, the manner specified in the
written receipt under subsection (2) above.
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(6)
Where this subsection applies, the Secretary of State must—

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(a)
apply so much of the payment as does not exceed the amount of
the fixed penalty in or towards payment of the fixed penalty,
and
(b)
take the appropriate steps to make any appropriate refund to
the person.
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(7)
In any other case—
(a)
if the person is informed that he is not to be prosecuted for the
offence, is acquitted of the offence or is convicted but not fined
in respect of it, or the prosecution period comes to an end
without a prosecution having been commenced against him in
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respect of it, subsection (9) below applies, and
(b)
if a fine is imposed on the person in respect of the offence
(otherwise than as a result of a conviction obtained on a
prosecution commenced after the end of the prosecution
period), subsection (10) below applies.
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(8)
In this Part of this Act “the prosecution period” means the period of
twelve months beginning with the imposition of the financial penalty
deposit requirement or, if shorter, any period after which no
prosecution may be commenced in respect of the offence.
(9)
Where this subsection applies, the Secretary of State must take the
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appropriate steps to make the appropriate refund to the person.
(10)
Where this subsection applies, the Secretary of State must—
(a)
apply so much of the payment as does not exceed the amount of
the fine in or towards payment of the fine, and
(b)
take the appropriate steps to make any appropriate refund to
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the person.
(11)
Where the Secretary of State is required by this section to take the
appropriate steps to make an appropriate refund, he must take such
steps to trace the person and to make the refund to him, by such means,
as are specified in an order made by the Secretary of State.
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(12)
In this Part of this Act “the appropriate refund”, in any case, is a refund
of—
(a)
where subsection (6) above applies, so much of the payment as
exceeds the amount of the fixed penalty,
(b)
where subsection (9) above applies, the amount of the payment,
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and
(c)
where subsection (10) above applies, so much of the amount of
the payment as exceeds the amount of the fine,

together with interest calculated in accordance with provision made by
order made by the Treasury.
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90D
Prohibition on driving on failure to make payment
(1)
This section applies where a person on whom a financial penalty
deposit requirement is imposed does not make an immediate payment
of the appropriate amount in accordance with section 90B(1) of this Act
(and any order made under it).
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(2)
The constable or vehicle examiner by whom the requirement was
imposed may prohibit the driving on a road of any vehicle of which the

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person was in charge at the time of the offence by giving to the person
notice in writing of the prohibition.
(3)
The prohibition—
(a)
shall come into force as soon as the notice is given, and
(b)
shall continue in force until the happening of whichever of the
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events in subsection (4) below occurs first.
(4)
Those events are—
(a)
the person making a payment of the appropriate amount in
accordance with section 90B(1) of this Act (and any order made
under it) at any time during the relevant period,
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(b)
(where a fixed penalty notice was given, or a conditional offer
handed, to the person in respect of the offence) payment of the
fixed penalty.
(c)
the person being convicted or acquitted of the offence,
(d)
the person being informed that he is not to be prosecuted for the
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offence, and
(e)
the coming to an end of the prosecution period.
(5)
A constable or vehicle examiner may by direction in writing require the
person to remove the vehicle to which the prohibition relates (and, if it
is a motor vehicle drawing a trailer, also to remove the trailer) to such
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place and subject to such conditions as are specified in the direction;
and the prohibition does not apply to the removal of the vehicle (or
trailer) in accordance with the direction.
(6)
A person who—
(a)
drives a vehicle in contravention of a prohibition under this
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section,
(b)
causes or permits a vehicle to be driven in contravention of such
a prohibition, or
(c)
fails to comply within a reasonable time with a direction under
subsection (5) above,
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is guilty of an offence.
(7)
The Secretary of State may by order provide for exceptions from
subsection (6) above.
90E
Orders about financial penalty deposits
(1)
Any power conferred by section 90A, 90B, 90C or 90D of this Act on the
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Secretary of State or the Treasury to make an order shall be exercisable
by statutory instrument.
(2)
Before making an order under any of those sections the Secretary of
State or the Treasury must consult with such representative
organisations as appear appropriate.
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(3)
An order under any of those sections may make different provision for
different cases.
(4)
A statutory instrument containing such an order shall be subject to
annulment in pursuance of a resolution of either House of Parliament.